Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can help you throughout the claims process.

Choose a veteran disability attorney that is experienced in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if you can prove that the condition you are suffering from is linked to your military service. This is referred to as a connection. There are different types of evidence you could use to show this connection, including medical records, independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is backed by experts who are independent.

It is much easier to prove an immediate connection with your service to injuries or illnesses that you sustained while in the military. For example, if you were hit in the head during service and now suffer from concussions and headaches, there is a clear link between those events and your current condition.

However, it is more difficult to get connected if you suffer from a pre-existing medical condition that got worse while you were in the military. To prove that your service time aggravated or worsened a pre-existing condition, you will need to provide medical evidence from a professional that is "clear and undisputed".

Appealing to a Denial

After submitting an application and submitting medical evidence, the VA will review the application. It usually issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to file a notice of disagreement. A disability attorney for veterans disability attorneys can assist the claimant through the three review options - either a supplemental claim or a more advanced review, or an direct appeal to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and the military's culture. This will make it easier for you and reduce the need to describe your experiences and experiences in a layman's way.

You want a firm who will be working on your case throughout the multi-year appeals procedure. Beware of companies that will only assist you in the initial stages of your claim and then go away.

A seasoned New York veterans' disability attorney can assist you at all phases of the claim and appeals. They can help you submit more medical evidence, file an official hearing, and also represent you in any Board meetings so that your case is handled fairly. They can also help win you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or even unemployment.

Getting a Higher Rating

There may be a point when your disability becomes more serious, or your symptoms get broader or more challenging. In that case, it makes sense to seek an increase in your rating. A veteran disability lawyer can assist you in this process and help you collect evidence to back your claim.

It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. Whether they accidentally miss an injury you've suffered or ignore a condition that could be linked with other disabilities to get an increase in rating it's important to have an expert look over your records to find any errors.

You can still make a higher-level claim, or review if you have been evaluated for more than a calendar year. These are a thorough examination of your file, and could result in an amendment to your effective date or an entirely new rating that's more accurate to what you truly feel.

It's also advisable to file a supplemental claim or higher-level review if you are entitled to a disability rating of 100 percent or higher. A disability lawyer can help you put together an argument that is convincing for this type of rating, which is reserved for very difficult to treat disabilities. For instance, a mental health condition might qualify you for an absolute disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization that do not typically trigger this kind of rating for cardiovascular illness or other medical issues.

Help with the Appeals Process

Despite what some people may think that denying an application for disability benefits by the VA isn't the end of an individual's ability to receive benefits. In fact, a former military member has one year from the date their local veterans hospital or office sends them a denial to file an appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three current pathways for appealing would be the best option for their situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer their prior decision was incorrect. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim requires. They are also likely to have a wealth of experience in dealing with VA disability claims and understand the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans face. This can create a distinct type of empathy which can sometimes improve the outcome of a veterans' disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Call us today to schedule your free assessment.